Local Government Act 1988

2 Defined activities.E+W+S

(1)This section applies for the purposes of this Part.

(2)Each of the following is a defined activity—

(a)collection of refuse,

(b)cleaning of buildings,

(c)other cleaning,

(d)catering for purposes of schools and welfare,

(e)other catering,

[F1(ee)managing sports and leisure facilities;]

(f)maintenance of ground, F2. . .

[F3(ff)supervision of parking,

F3(g)repair and maintenance of vehicles,

F3(gg)management of vehicles,]

[F4, and

(h)housing management]

[F5(i)security work,

F5(j)legal services;]

[F6(k)construction and property services;]

and Schedule 1 to this Act applies for the purpose of interpreting the preceding provisions of this subsection.

(3)The Secretary of State may by order provide for an activity to be a defined activity by adding a paragraph to those for the time being appearing in subsection (2) above [F7or by modifying any provision of Schedule 1 to this Act which for the time being excludes anything from the activities falling within any of those paragraphs.].

(4)Before making an order under subsection (3) above, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.

(5)Where work would (apart from this subsection) fall within more than one defined activity it shall be treated as falling only within such one of them as the authority carrying out the work decide.

(6)Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if it is incidental to the greater part of the work he is employed to do and the greater part does not constitute a defined activity.

(7)If a defined authority carry out work which (apart from this subsection) would not fall within a defined activity, and which in their opinion cannot be carried out efficiently separately from a particular defined activity, the work shall (if they so decide) be treated as falling within that defined activity.

(8)Work which would (apart from this subsection) fall within a defined activity shall not do so if it is calculated to avert, alleviate or eradicate the effects or potential effects of an emergency or disaster (actual or potential) involving or likely to involve danger to life or health or serious damage to or destruction of property.

(9)The Secretary of State may provide by order that any activity specified in the order, if carried out by a defined authority or authorities so specified, shall not be treated as a defined activity so long as conditions so specified are fulfilled.

[F8(10)Without prejudice to his powers to make orders or regulations under any other provision of this Part of this Act, the Secretary of State may by order provide that, from 31st March 1995 or such later date as may be specified in the order until such date as may be so specified, being a date not later than 31st December 2001, the provisions of this Part of this Act shall apply in relation to local authorities subject to such modifications as may be so specified.]

Textual Amendments

F1S. 2(2)(ee) inserted by S.I. 1989/2488, art. 2(1)

F2Word after s. 2(2)(f) omitted (23.6.1994) by virtue of S.I. 1994/1671, art. 2(1)(a)

F3S. 2(2)(ff)(g)(gg) substituted (10.11.1994) for s. 2(2)(g) by S.I. 1994/2884, art. 2(1)(a)

F4S. 2(2)(h) and word immediately preceding it inserted (23.6.1994) by S.I. 1994/1671, art. 2(1)(b)

F5S. 2(2)(i)(j) inserted (10.11.1994) by S.I. 1994/2884, art. 2(1)(b)

F6S. 2(2)(k) inserted (11.11.1994) by S.I. 1994/2888, art. 2(1)

F7Words in s. 2(3) inserted (13.6.1994) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 10; S.I. 1994/1445, art. 2

F8S. 2(10) inserted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 156(3); S.I. 1994/2850, art. 3(c)(xii)

Modifications etc. (not altering text)

C1S. 2 modified (10.11.1994) by S.I. 1994/2884, art. 3(1)

C2S. 2 modified (11.11.1994) by S.I. 1994/2888, art. 3(1)